Resolution No. 37/2012/QH13 on the work of preventing and combating law violations and crimes, the work of the People's Procuracy, the People's Court, and enforcement of judgments in 2013

RESOLUTION

On the work of preventing and combating violations of law and crime,

the work of the People's Procuracy and the work of the People's Court

and enforcement of judgments in 2013

OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to the Law on the Supervisory Activities of the National Assembly No. 05/2003/QH11;

Based on the examination of Reports No. 278/BC-CP dated October 16, 2012 of the Government on the work of preventing and combating violations of law and crime in 2012, Report No. 289/BC-CP dated October 19, 2012 of the Government on the work of enforcement of judgments in 2012, Report No. 116/BC-VKSTC dated October 8, 2012 of the Chief of the Supreme People's Procuracy on the work of the Procuracy sector in 2012, Report No. 26/BC-TA dated October 9, 2012 of the President of the Supreme People's Court on the work of the Courts, Audit Report No. 916/BC-UBTP13 dated October 20, 2012 of the Committee for Justice of the National Assembly, and opinions of National Assembly deputies;

RESOLUTION:

Article 1.

In 2012, the world and regional situation had many complex changes, the country's economy and society faced many difficulties, but the Government, the People's Procuracy, and the People's Court made efforts to implement many effective measures to prevent and combat violations of law and crime; investigative, prosecution, trial, and enforcement work showed positive progress, ensuring the maintenance of political security, social order, and public safety, contributing significantly to maintaining stability and economic development.

However, the work of preventing and combating violations of law and crime, corruption, investigation, prosecution, trial, and enforcement still has limitations. The situation of violations of law and crime, corruption continues to be complex, with an increasing trend in some fields, more serious in terms of scale and nature. The effectiveness of detecting and handling violations of law and crime, corruption is not high, the deterrent and preventive effect is low. The progress and quality of resolving many cases, especially major economic and corruption cases, are prolonged and not strict enough. Advocacy at court sessions is limited. The review and resolution of appeals for supervisory review and retrial in civil cases have progressed slowly. The number of civil judgments and decisions that have not been enforced remains large. The number of convicts who escaped from society and have not been captured is still significant; the effectiveness of educational and corrective work for prisoners has limitations, with a high rate of recidivism. Execution of death sentences by lethal injection has not been implemented. Many detailed regulations and guidance on the implementation of laws have been delayed in issuance. The shortage of judicial officers, particularly in southern provinces, Central Highlands, and northern mountainous regions, has persisted for many years without being resolved. The capacity and responsibility of a portion of judicial officials are weak, with many cases of misconduct, moral decline, and violation of laws, some of which require criminal punishment.

Article 2.

The National Assembly acknowledges the measures proposed by the Government, the Supreme People's Procuracy, and the Supreme People's Court, and requests that in 2013, they focus on implementing certain tasks and solutions and achieving specific targets as follows:

1. The Government directs ministries, sectors, and localities to implement comprehensive measures, proactively address weaknesses and shortcomings in policy formulation and enforcement to curb the increase in violations of law and crime; continue to reduce traffic accidents, environmental pollution, violations of construction order, food safety issues, fires, labor accidents, social evils, and other violations of law; effectively implement the national program on prevention and control of crime; prevention and control of drug abuse; prevention and control of human trafficking. Strictly manage the internet to promptly block harmful information and cultural products; combine propaganda, mobilization, education on law compliance with strict handling of violations of law, crime, and corruption, creating clear changes in 2013, laying the foundation to gradually curb and reverse violations of law, crime, and corruption in subsequent years.

Investigative agencies must thoroughly verify and handle according to the law all reports and tips about crimes; effectively detect and investigate various types of crimes, minimize the phenomenon of letting crimes go unpunished; basically rectify violations of law in arrest, temporary detention, and pre-trial detention; ensure the quality of evidence collection and case files for criminal cases; actively coordinate closely between investigative activities and auditing, inspection, prosecution, financial appraisal, and accounting; increase the ratio of detection and strict handling of economic, official, and corruption cases.

Increase the rate of handling reports and tips about crimes to over 90%; investigate and solve various types of crimes to over 70%, very serious and extremely serious crimes to over 90% of the total number of cases initiated. Reduce by at least 1% the number of persons temporarily detained who are later transferred to administrative handling due to non-criminal behavior compared to 2012. Reduce the number of individuals who die while under temporary detention or pre-trial detention; basically eliminate the practice of detaining suspects in the same case together, juveniles with adults; create conditions for lawyers to participate in proceedings in accordance with the law.

Starting from 2013, the Government must report and evaluate comprehensively the situation of violations of law and crime occurring across all areas of economic and social life; results of handling; analyze causes and propose measures to address them.

2. The Supreme People's Procuracy shall direct all Procuracies to apply comprehensive measures to ensure the exercise of prosecution rights, improve the work of supervising the handling of criminal complaints and reports, supervise 100% of criminal cases from the time of indictment, closely monitor investigative activities, promptly propose investigative requirements to prevent the escape of crimes and criminals, and avoid wrongful convictions of innocent persons; timely detect and strictly handle violations of law in investigative, prosecution, trial, and enforcement activities. Issue decisions on prosecution within the prescribed time limit for over 90% of criminal cases with investigative conclusions recommending prosecution; ensure that prosecution is accurate for over 95% of defendants. Prosecutors must actively participate in debates and responses at trial sessions. Ensure that cassation, supervisory, and retrial protests against various types of cases have legal grounds and are accepted by courts at a rate exceeding 70%.

Starting from 2013, the President of the Supreme People's Procuracy shall report and evaluate the situation of law violations in judicial activities; statistically analyze crimes and propose preventive measures under the responsibility of the People's Procuracy.

3. The Supreme People's Court shall direct all Courts to continue promoting advocacy at trial sessions; ensure that case resolution, trials, and judgments comply with the law, especially in civil and administrative cases. Increase the rate of successful mediation in civil disputes and the number of mobile trials for criminal cases; prevent wrongful convictions of innocent persons, reduce the rate of judgments and decisions being annulled or amended due to subjective reasons compared to 2012 by at least 1%; stop the practice of returning cases for supplementary investigation not in accordance with the law; eliminate situations where judgments and decisions are unclear, causing difficulties for enforcement work. Sentencing suspended sentences and non-custodial reform must comply with the law; thoroughly address cases exceeding legal deadlines, particularly civil cases resolved through supervisory and retrial procedures by the Supreme People's Court. Accelerate the progress and increase the rate of supervisory and retrial petitions reaching over 60%; fundamentally resolve the issue of issuing non-grounded protests but later having to protest to resolve cases through supervisory procedures; ensure the issuance of criminal enforcement decisions within the prescribed time limits for those convicted at a rate of 100%. Postponement, temporary suspension of enforcement, and reduction of prison terms must comply with the law; stop the delay in sending court judgments and decisions to parties and relevant agencies.

Starting from 2013, the Chief Justice of the Supreme People's Court shall report and evaluate the operation and quality of the People's Jurors.

4. The Government shall direct the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, and local People's Committees to implement proactive, resolute, and breakthrough measures to enhance the effectiveness of enforcement work; ensure accuracy and compliance with the law in verifying and classifying civil cases for enforcement and those without conditions for enforcement; closely cooperate with Courts and Procuracies to ensure that reductions in prison terms and pardons meet legal requirements.

Significantly reduce the number of convicts who escape society; minimize cases of prisoners dying due to fights, suicide, law violations, or continued criminal activity in prisons. Stop the practice of retaining prisoners in temporary detention centers beyond the prescribed ratio and sentence length according to the Criminal Enforcement Law. Ensure that all county-level criminal enforcement agencies have dedicated staff to oversee, urge, and guide the execution of suspended sentences and non-custodial reform. Promptly organize the execution of death penalties in accordance with the law.

In 2013, the rate of completed civil enforcement reached over 88% in terms of actions and over 77% in terms of money out of the total enforceable cases. Issue enforcement decisions within the prescribed time limit for 100% of effective civil judgments and decisions in accordance with the law; fundamentally address violations of law in enforcement activities.

5. The Government, the Supreme People's Procuracy, and the Supreme People's Court shall focus on building and implementing projects for judicial reform to ensure quality and progress; address shortages of judicial officials, aiming to fully recruit such officials by 2015; regularly inspect, audit internally, and discipline public servants; promptly identify and strictly handle violations and corruption; innovate training, retraining, training, and professional ethics education for officials and civil servants to build clean and strong judicial organs. Promptly conclude the implementation of the Criminal Code, the Criminal Procedure Code, laws on the organization of judicial organs, and draft amendments to these laws for submission to the National Assembly for consideration and approval according to the legislative program of the XIIIth National Assembly term; accelerate the promulgation and improve the quality of detailed regulations and guidance on law enforcement; proactively propose and submit to the Standing Committee of the National Assembly for legal interpretations to resolve issues and difficulties for judicial activities.

6. The Government shall create favorable conditions regarding budget investment for the construction of offices and working equipment for judicial organs and forces directly combating law violations and crimes to effectively perform their functions, tasks, and powers.

Article 3.

The Government, the Supreme People's Procuracy, and the Supreme People's Court within their respective duties and powers shall effectively implement the National Assembly Resolution and report to the National Assembly at the sixth session (2013).

Article 4.

The Standing Committee of the National Assembly, the National Ethnic Council, the Judicial Committee, and other Committees of the National Assembly, Delegations of National Assembly Members, National Assembly Deputies, the Central Committee of the Vietnam Fatherland Front, and its member organizations shall supervise the implementation of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, XIIIth term, fourth session, on November 23, 2012./.